I am speculating here.
We are in the Fifth Circuit Court and in this court, shrink-wrap and click
type licensing are not currently held to be binding. Depending upon the
contract you'all signed, the EULA may fall into that category (that is
fairly common for us)... and then it matters what case law is going on in
From: Mary Twitchell [mailto:[log in to unmask]]
Sent: Wednesday, December 05, 2001 4:23 PM
To: [log in to unmask]
Subject: [LICENSING] Indemnity clause in Eudora's EULA
Have any of you run into trouble with distributing Eudora on your campus
because of the language in the end user license agreement? If so, when did
you first notice the language? What have you done to remedy this problem?
I am particularly concerned with clause 6 on Indemnity - which is against
the law for us as a state institution - and clause 10 which makes the
action of an individual downloading the software a licensing agreement for
the institution. Our university's General Council has looked at the EULA
and has also expressed concern with the following language.
6. INDEMNITY. You agree to defend and indemnify QUALCOMM
against all any and all claims, losses, liabilities,
damages, costs and expenses, including attorney's fees,
which QUALCOMM may incur as a result of or in connection
with your breach of this Agreement.
10. CONTRACTING PARTIES. If the Software is installed on
any computer owned by a corporation or other legal entity,
then this Agreement is formed by and between QUALCOMM and
such entity. The individual executing this Agreement
represents and warrants to QUALCOMM that they have the
authority to bind such entity to the terms and conditions
of this Agreement.
Coordinator of Software Licensing and Documentation
Information Technology Services
North Dakota State University
Fargo, ND 58105-5164